BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2765 (Weber) - Proposition 47: sentence reduction
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|Version: May 19, 2016 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 1, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 2765 would provide a five-year extension, to
November 4, 2022, for a person convicted of a felony that would
have been a misdemeanor under Proposition 47, to petition the
court for relief, as specified.
Fiscal
Impact:
Trial court workload : Potentially significant cost savings
(General Fund*) to the courts in FY 2017-18 due to fewer
petitions being filed than otherwise would have occurred under
the impending filing deadline in November 2017, followed by a
temporary increase in court workload (General Fund*) in FY
2018-19 through November 4, 2022, to review additional
petitions for relief. While the extension is likely to temper
the surge of petitions that otherwise would have been filed in
advance of the November 2017 deadline, this bill is likely to
result in a net increase in court workload to review
additional petitions during the five-year extension that would
not have been filed by the current deadline given the
substantial number of cases outstanding (in LA County alone,
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it is estimated that up to 800,000 qualifying cases may exist
for which petitions have not yet been filed). To the extent
the extension serves to reduce the number of good cause
hearings that otherwise would have been prompted after the
existing filing deadline, would serve to offset in whole or in
part the additional court workload generated by new filings
during the extension period.
State parole : Potential increase in CDCR parole supervision
costs (General Fund) to the extent additional persons petition
for resentencing and are subject to one year of parole. While
a court may release a resentenced defendant from the
imposition of parole, it is not required. CDCR has determined
that the majority of prison inmates and parolees eligible for
resentencing have already petitioned or will file prior to the
existing deadline, however, persons convicted of a felony
currently under county-level supervision, either PRCS or
traditional probation, may still have petitions outstanding.
Thus, CDCR may experience an increase in the number of people
committed to parole supervision, however, the amount of that
increase is unknown. For every 10 additional petitioners
subject to parole supervision, costs are estimated at $150,000
per year, based on the average supervision cost per parolee
under Proposition 47 to date.
Local agencies : Potential future cost savings in averted
local supervision costs (Local Funds) resulting from a
potential increase in the number of resentencing petitions
filed through the extension period, resulting in a greater
number of persons serving less time under county supervision.
Additionally, significant near-term workload relief for
district attorneys and public defenders working under the
impending filing deadline.
*Trial Court Trust Fund
Background: Proposition 47, which was approved by voters in November 2014,
made significant changes to the state's criminal justice system,
including reducing the penalties for certain non-violent,
non-serious drug and property crimes from felonies or alternate
felony-misdemeanors (wobblers) to misdemeanors, and requiring
that the resulting state savings be deposited into a new special
fund to be spent on mental health and substance use services,
truancy and dropout prevention, and victim services.
Proposition 47 also authorized defendants serving sentences for
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felonies that would have been misdemeanors under Proposition 47
had it been in effect at the time of the offenses to petition
for a recall of sentence before the trial court that entered the
judgment of conviction in his or her case to request
resentencing. (Penal Code § 1170.18 (a).)
Additionally, a person who has completed his or her sentence for
a conviction of a felony who would have been guilty of a
misdemeanor under Proposition 47 had it been in effect at the
time of the offense, may file an application before the trial
court that entered the judgment of conviction in his or her case
to have the felony conviction designated as a misdemeanor.
Unless requested by the applicant, no hearing is necessary to
grant or deny an application. (Penal Code § 1170.18 (f), (h).)
Existing law provides that any petition or application under
this section shall be filed within three years after the
effective date of the act that added this section or at a later
date upon a showing of good cause. (Penal Code § 1170.18 (j).)
Under existing law, a person who is resentenced shall be given
credit for time served and shall be subject to parole for one
year following completion of his or her sentence, unless the
court, in its discretion, as part of its resentencing order,
releases the person from parole. Such person is subject to
Section 3000.08 parole supervision by the CDCR and the
jurisdiction of the court in the county in which the parolee is
released or resides, or in which an alleged violation of
supervision has occurred, for the purpose of hearing petitions
to revoke parole and impose a term of custody. (Penal Code §
1170.18 (d).)
Proposed Law:
This bill would provide an extension to November 4, 2022, for a
person to file a petition or application for relief with the
court, or at a later date upon showing of good cause.
Related
Legislation: SB 826 (Committee on Budget and Fiscal Review)
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Chapter 23/2016 includes $21.4 million (General Fund) to address
increased trial court workload associated with voter approval of
Proposition 47. This second year of funding is $13.8 million
more than originally estimated for 2016-17.
Proposition 47, 2014 November General Election, requires
misdemeanor rather than felony sentencing for certain property
and drug crimes and permits inmates previously sentenced for
these reclassified crimes to petition the court for
resentencing.
Staff
Comments: By extending the time period within which defendants
impacted by the provisions of Proposition 47 may petition the
court for resentencing or reclassification, this bill is likely
to result in a net increase in petitions for relief submitted to
the courts. While extending the deadline will likely result in a
reduction in court workload in 2017-18 from the level that would
have been experienced under the impending November 2017 filing
deadline, the courts could experience a temporary workload
increase in each year 2018-19 through November 4, 2022,
inclusive, to review filings that otherwise would have been
filed prior to the November 2017 deadline or that may not have
been filed at all for (1) reclassifying the convictions of such
offenders who have already completed their sentences, and, (2)
resentencing offenders who were serving sentences for crimes
reduced from felonies to misdemeanors under the measure.
According to the Proposition 47 Data Summary Report (Judicial
Council, Criminal Justice Services), from November 2014 through
March 2016 (17 months), nearly 236,000 petitions for
resentencing and reclassification had been filed based on data
reported by the counties. The potential net increase in the
number of filings statewide, while finite, is unknown, but
estimated to be substantial. Based on information received from
the counties, in Los Angeles County alone, up to 800,000
qualifying cases may exist, and in San Diego County, up to
200,000 qualifying cases may exist, that have yet to file a
petition.
To the extent the extension serves to reduce the number of good
cause hearings that otherwise would have been prompted after the
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existing filing deadline would serve to potentially offset in
whole or in part the additional court workload generated by new
filings during the extension period. The number of hearings
averted, and the timing of those hearings, however, cannot be
known with certainty.
Existing law requires a person who is resentenced to be given
credit for time served and subject to parole for one year
following completion of his or her sentence, unless the court,
in its discretion, as part of its resentencing order, releases
the person from parole. The CDCR has determined that the
majority of prison inmates and parolees eligible for
resentencing have already petitioned or will file a petition
prior to the existing deadline, however, persons convicted of a
felony currently under county-level supervision, either post
release community supervision (PRCS) or traditional probation,
may still have petitions outstanding. As a result, the CDCR may
experience an increase in the number of people committed to
parole supervision, however, the amount of that increase is
unknown. For every 10 additional petitioners subject to parole
supervision, costs are estimated at $150,000 per year, based on
the average supervision cost per parolee under Proposition 47 to
date.
At the local level, in conjunction with the potential impact to
CDCR parole noted above, local agencies could experience cost
savings in averted supervision costs under PRCS and probation
for persons filing petitions for resentencing during the
extension period, resulting in a greater number of persons
serving less time under local agency supervision. Additionally,
district attorneys and public defenders would experience
significant near-term workload relief provided by the five-year
filing extension.
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